In NJ Guardianship, there’s a difference between the attorney and the Guardian ad Litem
When a Complaint for Guardianship is filed by anyone in New Jersey, the Court is required to appoint an attorney to represent the legal rights and preferences of the person who is alleged to be incapacitated and alleged to require a guardian. There is no legal presumption that just because the Complaint for Guardianship was filed, that the relief should be granted. Guardianship involves the...
There’s a reason it’s called a “Last” Will and Testament
For centuries, people have been writing or signing Wills to declare what was to be done with their worldly goods upon their demise. Formally, this document has been called a “Last Will and Testament.” A person who has “testamentary capacity” can write down or dictate their instructions, review the document, sign the document in the presence of two witnesses, and by...
In Guardianship litigation, losing party may lack standing for certain appeals
When a guardianship petition is filed (N.J.Rules 4:86), seeking to have the court declare a person to be incapacitated and to appoint a Guardian to make the decisions on their behalf, there are a variety of parties who may be involved in the case. The Petitioner is the person who files the action — sometimes called the plaintiff. They are typically represented by an attorney. The Alleged...
Endless opportunities to volunteer after retirement
Your career may be over, but the lifetime of skills you’ve acquired can still be put to great use through the RSVP program – Retired and Senior Volunteer Program. Anyone 55 and over can participate. Teachers, cooks, scientists, nurses, community organizers, homemakers, sales people — whatever you’ve been doing, you can parlay your knowledge and love of people into a new...
Speak out for the White House Conference on Aging
Two more Regional Forums are scheduled in New Jersey for the White House Conference on Aging. The Southern NJ Forum will be held on Wednesday June 10th from 9:30 am to 12:30 PM at Katz Jewish Community Center Social Hall, 1301 Springdale Road, Cherry Hill http://www.katzjcc.org/directions.php The Northern NJ Forum will be held on Friday June 26th from 9:30 am to 12:30 pm at the Jewish...
Applying for Medicaid? Order the PAS early
“You have to get a PAS.” This is a cryptic statement frequently made to the families of patients who will be discharged from hospitals to sub-acute facilities for skilled nursing or rehabilitation care. If someone is entering a sub-acute facility and may become financially eligible for Medicaid within 180 days, the receiving facility is obligated by state regulations to order a...
NJ Medicaid posts guidance on Veterans Benefit income
MedCom No. 15-08 was issued on April 29th by the NJ Division of Medical Assistance and Health Services (DMAHS) to provide instructions to applicants who receive benefits from the Veterans Administration. When a person applies for Medicaid to pay for nursing home, assisted living or home care under the MLTSS program, they need to disclose their income from all sources. Each MLTSS program has...
HOPE for Alzheimer’s bill is pending in Congress
Some members of Congress are taking an interest in the need to provide care planning services for patients who have Alzheimers’ dementia. This proposal could be of tremendous benefit to patients and their family caregivers. S. 857 was introduced March 25, 2015 and referred to the Senate Finance Committee because it deals with a Medicare benefit. The title is “A bill to amend title...
“Still Alice” — a compassionate film about Alzheimer’s Disease
On a very long flight back from Vietnam last week, I had a chance to see the film “Still Alice” starring Kate Bosworth. What a sympathetic and genuine depiction of the distress experienced by Alice, an accomplished university professor, wife and mother, when she learns that she has developed Alzheimer’s Disease at age 50. The rapid progression of the genetically-based early...
Pooled Special Needs Trusts can work well for small trusts
There are times that an individual with disabilities who is under 65 receives a lump sum of money at a time when s/he is receiving benefits through Supplemental Security Income (SSI), Medicaid or the Division of Developmental Disabilities (DDD). The problem of course is that those are all means-tested benefits and the participant is at risk of losing eligibility if they retain the assets....